DPP asks Court to over-turn the acquittal of Sarah Nabikolo

  • Posted on: 26 March 2019
  • By: sanyu-fm-news

The Director of Public Prosecutions has asked the court of Appeal to over-turn the acquittal of Sarah Nabikolo and convict her of  the murder of her husband  former Kampala Businessman Eria Ssebunya Bugembe aka Kasiwukira.
Through his assistant Simon Peter Semalemba, Nabikolo together with the 2 convicts Sarah Nakungu and Jayden Ashiraf formed a common intention to murder Kasiwukira because he (Kasiwukira) had got a second wife and there was  already tension in their marriage .

Semalemba then concluded that it was wrong for trial judge Wilson Masalu Musene to clear Nabikolo of her husband's murder yet there was over whelming evidence and testimony from people that she  hired Jayden to murder Kasiwukira having failed to achive her mission through witch doctors to whom she was seen frequenting with her cousin Sandra Nakungu .

However Nabikolo's lawyer Macdusman Kabega has raised an objection regarding the competence of this appeal which he says it was filed outside the stipulated time frame with in the law .

Kabega has therefore  asked the 3  justice , Elizabeth Musoke , Helen Obura and Ezekiel Muhanguzi to dismiss the appeal and discharge his client.

However the  2 convicts ; Sandra Nakungu and Jayden Ashiraf who are  each serving a 20 year jail term for  Kasiwukira murder have also  asked the court of Appeal to  acquit and set them  free of the said murder because prosecution failed to lead satisfactorily evidence  against them.

Jayden Ashairaf ; a police constable formerly attached  to Muyenga community police and Sandara Nakungu , a cousin to Kasiwukira's widow were in 2016 convicted by High court judge Masalu Musene of forming a common intention to murder Kasiwukira in a disguised car accident.

The pair through  their  lawyer Ladislous Rwakafuuzi has  listed ten grounds upon which they base to challenge the decision of justice Musene.

Among these is the fact that the indictment upon which they were convicted  didnot give the accused  enough information to enable them prepare their defence.  Rwakafuuzi gives an example of DPP's failure to mention  the killer vehicle and the driver  in the said  indictment .

Rwakafuuzi further submitted that the judge erroneously believed the prosecution's case pre-maturely  and denied his cleints  a chance to call their defence witnesses to testify in their favour .

He says this infringed on his clients'  right to a fair trial because the witnesses would prove that Kasiwukira died in a hit and run car accident due to  a big pot-hole in the road at the crime scene at Muyenga   and not necessarily murdered as testfied by police informers.

However DPP's Simon Peter Semalemba did not file his submisisons in response to this  on time and court ordered that he files written submissions  upon which judgement will be given  on notice.

Kasiwukira's lifeless body was found by morning passers-by lying by the roadside a few meters away  from his home in Muyenga  which he had  just left for a fitness jogging exercise .